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  1. #11
    Join Date
    Oct 2006
    Posts
    16,206

    Default Re: Transfer of Property Without or Before Probate

    Quote Quoting techbro21
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    She claims she has been emotionally manipulated by myself and our mother. She suffered a miscarriage a month after our father died and suffered depression and confusion. To complicate matters, our mother sent her a text the other day telling her she screwed herself because I planned on giving her half of the value of the home, really the only thing left in the estate at this point, because of her own plans to file bankruptcy. She claims had the will been timely probated and if she had not been manipulated by the fact that there were two wills, then she would have not been harmed. Right now, my mother has turned my other half brother against her because of this, and is not speaking to her. Things have really gotten out of hand. She also claims I have acted in bad faith in handling the estate.

    I can afford an attorney but my sister can't. If she claimed personal injury regarding this estate to the bankruptcy Trustee could they pursue those claims on her behalf? How likely would this be to happen? Could the Trustee investigate the reason the IRS debt is owed in the first place and seek a full accounting of matters while I had power of attorney?
    Your sister is right. You terribly wronged her by not opening probate, selling the house and giving her, her share, after the IRS was paid. She might not need bankruptcy now had you probated the estate properly. She can and should sue you for that.

    Once the bankruptcy Trustee finds out about the house, the trustee WILL open probate and force the house to be sold. If the IRS finds out that you took assets that could have been sold to put towards the tax debt (the guns and jewelry) you can expect trouble there as well.

  2. #12
    Join Date
    Nov 2015
    Location
    47.606 N 122.332 W in body, still at 90 S in my mind.
    Posts
    1,616

    Default Re: Transfer of Property Without or Before Probate

    Don't forget about other possible creditors that would have prior claim on assets before distribution to beneficiaries. By not doing this properly and going through probate you've opened yourself up to a great deal of liability and if the bankruptcy trustee does get assigned as executor (since there isn't one and now they may have a claim against the estate) what your sister does or doesn't want becomes moot. They will be able to sue you.
    "Where do those stairs go?"
    "They go up!"

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